2006

Official Gazette of the Republic of Macedonia No.126, 1 December 2006

LAW ON CHANGES AND AMMENDMENTS OF THE LAW ON CORRUPTION PREVENTION

Article 1 In Article 11, Paragraph 1 of the Law on Corruption Prevention (Official Gazette of the Republic of Macedonia No.28/2002 and 46/2004), the words: “for election campaign” will be replaced with the following words: “starting from the date when decision for elections has been adopted till the end of the process of election for President of the Republic of Macedonia, for members of Parliament of the Republic of Macedonia, as well as for election of Mayor or members of Councils of municipalities and of the City of Skopje”. Also, the words “local self-government unit” will be replaced with the following words: ”of the Municipalities and the City of Skopje”.

In Paragraph 2, the words “During election campaign for election of President of Macedonia, for election of members of Parliament, Mayor of Municipal or Council members in the local self-government units” will be replaced with the following word: “From the day when Decision was adopted for elections, till the end of the election process for President of the Republic of Macedonia, members of Parliament of the Republic of Macedonia and election of Government of the Republic of Macedonia in accordance with electoral results, as well as from the day of adoption of Decision for elections till the end of the elections for Mayors or Municipal Council Members i.e. till the council of municipalities and Council of the City of Skopje have been established”.

In Paragraph 3, the words: “During election campaign from Paragraph 2 of this Article will be replaced with the following words: “From the day when Decision was adopted for elections, till the end of the election process for President of the Republic of Macedonia, members of Parliament of the Republic of Macedonia and election of Government of the Republic of Macedonia in accordance with electoral results, as well as from the day of adoption of Decision for elections till the end of the elections for Mayors or Municipal Council Members i.e. till the council of municipalities and Council of the City of Skopje have been established”. The words “neither collective agreements will be signed” will be added following the word “capital”.

Article 2 In the headings of Article 13, as well as in Paragraph 1 in Article 13, the words: “funds from illegal elections: will be replaced with the following words: “illegal and anonymous sources of financing”.

Article 3 In Article 14, paragraphs 2 and 3, the words: “as well as the State Election Commission” is deleted.

Article 4

1

In Article 15, Paragraph 1, the words: “it can/it is possible” will be added following the words “The State Commission”. The words: “in a period of one year from the day of” will be replaced with the word: “after/ following”, and the words: “the end of” will be followed by the words: “elections for”.

Paragraph 2 is deleted.

Paragraph 3 now becomes Paragraph 2.

Paragraph 4, which becomes Paragraph 3, is changed and will be as follows: “For the insight/ control from Paragraph 1 of this Article, the State Election Commission, within 30 days, provides report to the Parliament of the Republic of Macedonia. The Report is published in the mass media”.

Article 5 In the Article 16, the words in Paragraph 1: “important for the society” is deleted.

Article 6 The heading of Article 18 is changed and is now worded as follows: “Relief from having to safeguard/ keep classified information”.

In Article 18, the words: “state, military or official secret” are replaced with the words: “classified information”, the dot at the end of the sentence is deleted and the words: “in accordance with Law” are added.

Article 7 In Article 26, Paragraph 1, the words: “the municipalities, the City of Skopje” are added following the words: “state bodies”.

The Paragraph 2 is deleted.

Article 8 In Article 30, the word: “personal” is added following the word: “receives”.

Article 9 In Article 32, Paragraphs 2 and 3 are deleted.

In Paragraph 4, which now becomes Paragraph 2, the words: “provisions from Paragraphs 1 to 3” are replaced with the words: “the provision from Paragraph 1”.

Article 10 The Article 33 is changed and will now be worded as follows: (1) Elected or appointed official, responsible person in public enterprise, public institution or other legal entity with state owned capital, during election of appointment, and at latest as 30 days till the day of election or appointment, fills in a property declaration form listing in details his/her real estate, movable assets of greater value, securities, claims and debts, as well as any other assets in his/her property, or property of his family members, by explaining the reasons how he/she acquired the declared assets/ estate and deposits statement certified by Notary public for revoking protection of banking secrecy in regard to all domestic and foreign bank accounts, as well as statement for consent to publish (make available to the public) all the asset information listed in the questionnaire.

(2) The person from Paragraph 1 of this Article has an obligation to fill in a property declaration form within 30 days after he/she has finished of mandate or has been dismissed from that function.

2

(3) The person from Paragraph 1 of this Article which, within 30 days after the end of the previous mandate has been elected or appointed on the same or other function, is obliged to notify the State Commission for the new election and appointment, and the property declaration form from Paragraph 2 of this Article will be considered as property declaration form submitted within the deadline from Paragraph 1 of this Article.

(4) The person from Paragraph 1 of this Article submits the property declaration form from Paragraphs 1 and 2 from this Article, as well as the statement from Paragraph 1 of this Article, to the State Commission and Public Revenues Office”.

Article 11 Two new articles – Article 33a and 33b – are added after the Article 33, which are as follows: “Article 33a (1) An official, when employed in state bodies, in municipal administration and administration of the City of Skopje, at latest as 30 days from the day of employment, fills in a property declaration form listing in details his/her real estate, movable assets of greater value, securities, claims and debts, as well as any other assets in his/her property, or property of his family members, by explaining the reasons how he/she acquired the declared assets/ estate.

(2) The person from Paragraph 1 of this Article has an obligation to fill in a property declaration form within 30 days after his employment in the bodies from Paragraph 1 of this Article has been terminated.

(3) For official from Paragraph 1 of this Article employed from one into another body, with no official competition announced for that position, the property declaration form filled in from Paragraph 2 of this Article shall be deemed as property declaration form submitted within the deadline of paragraph 1 of this Article.

(4) The official person from paragraph 1 of this Article submits the property declaration form from paragraphs 1 and 2 from this Article to the body in which he/she has been employed.

(5) The body in which the official has been employed is obliged to submit this property declaration form to the State Commission, following her request.

(6) The Minister of Justice will adopt a Regulation on how to act regarding property declaration forms from this Article.

Article 33b The content and form of the property declaration shall be prescribed by the State Commission.

Article 12 In Article 34, paragraph 1, the words: “within 30 days” will be added following the word “compulsory/ is obliged”.

Article 13 The name before Article 35, as well as the Article 35 itself are changed as follows: “Publicity of the property declaration”.

3

Article 35 (1) The information from property declaration is considered as public character information, excluding information protected by law.

(2) The information from property declaration, excluding information protected by law of the persons from Article 33, Paragraph 1 of this Law, are published on the website of the State Commission”.

Article 14 In Article 36, Paragraph 1, the words “did not provide, or” are added after the words: “if the person”.

Article 15 In Article 47, Paragraph 1, the word “this” is deleted.

Article 16 The Article 48 is changed as follows: “The State Commission members are appointed by the Parliament of the Republic of Macedonia with five years mandate, with no right for re-election.

(2) The State Commission elects president with one-year mandate from the members appointed in accordance with Paragraph 1 of this Article.”

Article 17 Four new Articles – 48a, 48b, 48c and 48d – are added after the Article 48, as follows: “Article 48-a Person that meets the following conditions can be appointed as a State Commission member: - must have citizenship of Macedonia and must have permanent residency in Macedonia, and - must have university degree either in law or economy, he/she has to be respected in his/her profession and must have minimum 8 years of working experience.

Article 48-b (1) The Parliament of the Republic of Macedonia announces the competition for appointment of State Commission members in the “Official Gazette of the Republic of Macedonia” as well as in the daily newspapers.

(2) The competition from Paragraph 1 of this Article is open for 15 days from the day it is published in the “Official Gazette of the Republic of Macedonia”.

(3) The principle of equitable and fair representation of minorities must be adhered to when electing the State Commission members.

(4) The Commission for Election and Appointment in the Parliament of Macedonia drafts a list of candidates from all candidates that have applied and submits this list to the Parliament of Macedonia.

Article 48-c (1) The State Commission president can be dismissed from his/her position on his/her request, before the end of the mandate.

4

(2) If the president has been dismissed in accordance with Paragraph 1 of this Article, the State Commission elects president for the rest of the mandate of dismissed president.

Article 48-d (1) The State Commission members have a status of appointed persons.

(2) The State Commission members have right to receive monthly remuneration in the amount of 2,5 average net salaries paid per worker in Macedonia”.

Article 18 The Article 48-a, which now becomes 48-e is changed as follows: “Article 48-e (1) The Parliament of Macedonia dismisses the State Commission member before the end of his/her mandate following proposal by the Commission for Election and Appointments, if: - that has been requested by the member; - he/she has been convicted for criminal act for which the verdict is prison sentence of more than six months; - permanently looses the ability to be in that position and perform that function.

(2) The existence of conditions for dismissal from Paragraph 1 of this Article are established by the State Commission with majority vote from the total number of members and submits initiative for dismissal of a State Commission member to the Parliament of the Republic of Macedonia”.

Article 19 New Article 48-f is added after the Article 48-e, as follows: “Article 48-f When a State Commission member is dismissed in accordance with the provisions from Article 48-d of this Law, the Parliament of Macedonia announces competition for appointment of a State Commission member and his/her mandate will be until the end of the dismissed member mandate”.

Article 20 In Article 48-c, which now becomes 48-h, the words “secretary” i.e. “the secretary” in Paragraphs 2 and 3 are replaced with the words: “Secretary General” i.e. “the secretary general”.

Article 21 In Article 49, Paragraph 1, item 1, the dot and the comma at the end are deleted and the following words are added: “and Action Plan for its realization”.

In item 2, the words: “realization of state program” are replaced with words: “work of the State Commission”.

In item 5, the words: “criminal prosecution” are deleted.

New item 6 is added after item 5, worded as follows:

5

“-initiate procedure for criminal prosecution of elected of appointed officials, officers or other responsible persons in public institutions, public enterprises and other legal entities that have state capital;”.

Item 6, which now becomes item 7, is changed and is now worded as follows: “- acts in a case of conflict between the public and private interest, in accordance with the law;”.

In item 7, which now becomes item 8, the word: “officials” is deleted.

In item 13, which now becomes item 14, the word “this” is deleted.

The items 8, 9, 10, 11 and 12 now become items 9, 10, 11, 12 and 13.

Article 22 Two new articles – Article 50-a and 50-b – are added after the Article 50, as follows: “Article 50-a (1) Member of the State Commission submits the property declaration form about changes in his assets to the Commission for Election and Appointment of the Parliament of the Republic of Macedonia as well as to the Public Revenues Office.

(2) The provisions from this Law relating to deadlines for submission of property declaration form, the statement and the declaration for changes in assets, accordingly, also apply to the State Commission member.

(3) The request to evaluate/ examine the assets of a State Commission member, pursuant to Article 36 of this Law, can be submitted to the Public Revenues Office by the Commission for Election and Appointment of the Parliament of the Republic of Macedonia.”

Article 50-b In a case of doubt of conflict of interests for a State Committee member, opinion is sought by the Commission for Election and Appointment of the Parliament of the Republic of Macedonia.”

Article 23 In Article 51, Paragraph 4 is changed and is now worded as follows: “In considering particular issues, the State Commission can ask for opinions from experts, or the Commission can invite them to participate on the session”.

Article 24 In Article 53, Paragraph 1, the words: “and notifications” are added after the word “data”.

After Paragraph 1, new Paragraph 2 is added, worded as follows: “(2) The State Commission can also ask for the data and notifications from Paragraph 1 of this Article from relevant body or legal entity.”

Paragraph 2, which now becomes paragraph 3 is changed as follows: “If the State Commission requests information from Paragraph 1 of this Article from relevant body or legal entity, the body or the legal entity is obliged, without any delay, to compulsory provide the requested information within 15 days.

When dealing with classified information, than procedure will be applied in accordance with a Law.” Article 25

6

New Article 53-a is added after the Article 53, worded as follows: “Article 53-a In case no action has been undertaken pursuant to Article 53, paragraph 2 of this Law, the State Commission can initiate accountability procedure against the responsible officer in the competent body or in the legal entity”.

Article 26 In the heading of Chapter VII, the word “PENALTY” will be replaced with the word “OFFENSE”.

Article 27 In Article 60, Paragraph 1, the words: “With 200.000 to 300.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 4.000 to 5.000 euros, in denars value, will be imposed for offense against”.

In Paragraph 2, the words: “With 30.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 1.000 to 2.000 euros, in denars value, will be imposed for offense against”.

In Paragraph 4, the word “unidentified” is replaced with the following words: “illegal and from anonymous”.

Article 28 In Article 61, Paragraph 1, the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”, and the word “unidentified” is replaced with the following words: “illegal and from anonymous”.

Article 29 In Article 62 the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”.

Article 30 In Article 63 the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”.

Article 31 In Article 64 the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”.

Article 32 In Article 65 the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”.

Article 33

7

In Article 66 the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 500 to 1.000 euros, in denars value, will be imposed for offense against”.

Article 34 In Article 67, Paragraph 1, the words: “With 20.000 to 50.000 denars shall be fined for offence” will be replaced with the following words: “Fine in the amount of 1.000 to 2.000 euros, in denars value, will be imposed for offense against”, and the words: “in the legal entity” will be added after the words “responsible person”.

Paragraph 2 is changed and is now worded as follows: “(2) Fine in the amount of 4.000 to 5.000 euros, in denars value, will be also imposed against the legal entity for the offence from Paragraph 1 of this Article.

Article 35 In Article 68, Paragraph 1, the words: “the legal entity will be fined for offense with 200.000 to 300.000 denars” will be replaced with the following words: “the legal entity will be fined for offense with 4.000 to 5.000 euros, in denars.”

Article 36 Within 15 days after this Law has entered into force, a competition will be announced for appointment of State Commission members, in accordance with this Law. Article 37 The present State Commission members shall continue to perform their function of State Commission members until new members of the State Commission are appointed, in accordance with this Law. Article 38 Within 6 months after this Law has entered into force, the State Commission will prescribe the content and the form of the property declaration.

The present property declaration form shall continue to apply until the regulation from Article 33-b of this Law has entered into force.

Article 39 The present property declaration forms submitted till the day when this Law enters into force, shall be deemed filed in accordance with this Law. Article 40 Within 6 months after this Law has entered into force, the Minister of Justice will adopt the Regulation from Article 33-a, Paragraph 6 of this Law. Article 41 This Law enters into force on the day it is published in the “Official Gazette of the Republic of Macedonia”.

8